Meeting of the Council of the Western Cherokee January 12, 2002 10:00 AM Recital Hall of the Mississippi County Community College in Blytheville,
Arkansas
1. Call to order (Confirm Quorum)
Meeting called to order at 10:12
Present are James Green, James Ellis, Jerry Summers, John Watson, Tim Sanders,
Janet Smith, Paul Drew, Bea Foster, Elmo Foster
2. Opening Prayer
Paul Matheny presents the opening prayer
3. Reading of minutes from last meeting December 8, 2001
John Watson moves to accept the minutes without reading, James Green seconds,
motion passes unanimously
4. Old Business
a. Expunging of Jack Green’s proxy for David Householder at the last
meeting
James Ellis moves to expunge the proxy, Janet Smith seconds, motion passes
unanimously b. Discussion of tribal seal
James Green suggests that we initiate a contest for the children of our Tribe
to design a seal for our Nation; he volunteers a $25 prize. Eric Smith
suggests we might narrow the entries down to a few choices and allow the membership
to vote in September. Tim Sanders suggests setting up the contest now
and establishing a judging committee later, and that the rules should include
mention that all submissions are property of the Western Cherokee. James
Green moves to establish the contest with Tim’s suggestions amended.
John Watson seconds, and the motion passes unanimously
James Green moves that we go out of order to consider recall proceedings
from new business. Tim Sanders seconds, and the motion passes unanimously.
Paul Drew discusses the issues involved with the individuals who have been
charged with recall proceedings, and explains that rather than formally recalling
them the appropriate move is to accept their resignations James Green moves
to accept the resignations of Murl Pierson, Jan McDonald, Kathy Householder,
and David Householder based on their actions as evidenced by their participation
in the government of another tribe and documentary evidence submitted by James
Ellis. James Ellis seconds, and the motion passes unanimously James
Green moves to formally recall Lee Overturf as Chief. John Watson seconds.
James Ellis presents evidence against Lee Overturf. Paul Drew speaks
briefly in support of the actions of the Council and Elders. John Watson
speaks about the court documents and their availability. The Council
acknowledges that Lee Overturf neglected to show up at this meeting for his
scheduled hearing. Tim Sanders asks if the membership has anything to
say in defense of Lee. One member asks if Lee has been notified of his
hearing, and James Ellis presents the evidence that a letter to that effect
was sent in December. Motion passes unanimously. The Elders speak
briefly in support of the measure
c. Discussion of honorary memberships and adoptions
John Watson suggests that honorary memberships and adoptions are in fact the
same thing. James Green suggests that the difference is that an adoption
confers all legal rights of membership. Paul Drew explains that the
issue is relevant because of questionable enrollment procedures that have
been employed in the past, and the fact that we may need to consider adoption
of some of these people as the best way to handle the situation. Janet
Smith explains that a concern of the Enrollment Committee is not to deny anyone
their heritage because of the nonexistence of documentation. Bea Foster
speaks briefly to the issue. James Green suggests Janet Smith to form
a subcommittee of the Enrollment Committee to deal with adoptions and honorary
memberships. Janet Smith suggests that specific cases of adoptions and
honorary memberships will be brought before the Council when they appear.
Tim Sanders moves to have the Enrollment Committee establish a subcommittee
to take care of this issue. John Watson seconds and the motion passes
unanimously
d. Financial report
Jerry Summers reports that “There are no finances to report”
John Watson moves to take a 15 minute break. Motion passes without
objection
Paul Drew makes a presentation to the College in appreciation for their donation
of the space for the meeting
e. Report by Enrollment Committee
Janet Smith moves to have David Householder, Becky Overturf, and Marjorie
Pierson removed from the Enrollment Committee because they are now involved
with another tribe. Tim Sanders seconds, and the motion passes unanimously.
Janet Smith moves to accept Kelly Bernal onto the Enrollment Committee.
John Watson seconds. Kelly introduces herself to the Council, and the
motion passes unanimously. Janet Smith moves to place Laurie Spencer
and Kim Thebeau on the Enrollment Committee. Laurie and Kim introduce
themselves to the Council. Laurie mentions that she is not currently
a member of the Nation. Tim Sanders indicates a potential conflict of
interest based on her membership status. James Green amends the motion
to indicate that Laurie is a volunteer rather than a member of the Committee
for now. John Watson seconds and the motion passes unanimously.
Janet has some procedures that have not yet been submitted to Council, and
will present at the next meeting after the new committee members have had
a chance to review them
f. Report by Election Committee
Tim Sanders reports that he met with Sherain Hundhausen, Chief of the Chickamauga
Cherokee, to get information on how they ran their election. He has
collected material that will help the Election Board with the process.
Tim mentions some of the procedures and indicates that the Election Board
will plan to follow the Chickamauga procedures fairly closely. He asks
that the document including timeline and procedures that are in place now
to be placed into the record. He mentions that the Election Board still
needs more members and asks the membership to consider joining. He plans
to have additional members confirmed by the Council at the next meeting.
Tim moves to have Don Collier removed from the Election Board because of his
decision to be involved with another tribe. John Watson seconds, and
the motion passes unanimously. James Green moves that Tim Jones should
not have access to the Election Board information until it is determined whether
he is willing to work with our group. James Ellis seconds and the motion
passes unanimously. James Ellis asks for copies of the information from
the meeting with Sherain. Tim Sanders moves to place Eric Smith on the
Election Board. James Green amends the motion to include James Woods
on the Election Board as well. Tim Sanders amends the motion to include
Tim Spencer as a volunteer to the Election Board. Janet Smith seconds,
and the motion passes unanimously. Paul Drew explains the Public Notice
that addresses membership cards. Paul explains how important it is for
people to communicate with us in order to get a mailing list available for
the election
Jerry Summers calls lunch break at 12:35; meeting called back to order
at 14:07
5. New Business
a. Discussion regarding office for the Western Cherokee
James Green moves to establish an office in the form of a Post Office Box
in Poplar Bluff, in the name of Western Cherokee, for all business other than
enrollment. Funding will be taken care of through donations. Paul
Drew initiates a discussion on the legality of representing crafts as Native
American made. John Watson seconds the motion and it passes unanimously.
James Green moves to authorize Jerry Summers and Janet Smith to open a bank
account for the Western Cherokee, with both signatures required to withdraw
money. Tim Sanders seconds, and the motion passes unanimously b. Discussion of nonprofit corporation
Tim Sanders moves to establish that the Board of Directors for the Non-Profit
Corporation be identical to the membership of the Tribal Council. James
Green seconds, and the motion passes four to one, with James Ellis voting
no. James Ellis does however agree to sit on the Board of Directors
as stated in the resolution based on his position as a Council member c. Discussion of tribal records
James Green mentions that the records have been returned to Lola Scholl’s
attorney Randel Miller, and that the matter is being handled by the Elders
and by law enforcement officials d. Hearings regarding charges brought against Lee Overturf
[see above] e. Any other necessary hearings
[see above] f. Consideration of new council members
John Watson moves to accept Kelly Bernal as a member of the Council, Janet
Smith seconds, and the motion passes four to zero, with James Ellis abstaining.
Jerry Summers administers the oath of office as written in the Constitution
adopted in December
6. Comments by Elders
Bea Foster tells the Council that it is important to have a Board of Elders
and that we need to get the word out that we need more Elders to participate
in the meetings. Elmo speaks briefly as well
7. Comments by Council Members
James Green thanks Paul Drew for arranging the meeting space and welcomes Kelly
to the Council. He relays a message on behalf of John Duke. James
Ellis relays a message on behalf of Jim Gillihan. John Watson expresses
optimism about the future and where we are headed. Jerry Summers expresses
his appreciation for the hard work of James Ellis and John Watson, as well as
the rest of the tribal leadership. Janet Smith affirms her belief and
appreciation of the Elders. Jerry Summers reads a statement he has prepared
8. Concerns of membership
Kim Thebeau gives a report on the local meetings held in her area, and mentions
that there is a meeting on Monday at 5:30 at the Potosi VFW Hall. Ron
Clark gives a report on the local meetings in the Dexter/Sikeston area.
Eric Smith asks Paul Matheny to comment on the recent events, and he does so
9. Closing Prayer/Adjourn
The next meeting will be held in Potosi on February 9. James Woods volunteers
to arrange meeting space. Paul Matheny closes the meeting with prayer
at 15:55
COURT RULES IN FAVOR
OF SUMMERS, WATSON & WESTERN CHEROKEE 3 TIMES
As of this date the defendants and their associates have
not surrendered Western Cherokee Property as
stipulated in two court orders and supported in the Stipulation and Order.
What are the fundamental differences
between the thinking of the
Plaintiffs Jerry Summers, John Watson and the
Western Cherokee a Missouri Non-Profit and the
Defendants, Unincorporated Association claim and
filing with the court.
See the legal differences between being a
Organized Group Vs. Unincorporated Association.
Proof is in their filing with the court
Click Here to read
PDF file.
A court order did
state that Chief Jerry Summers and Vice Chief John Watson have been found to be the true
officials of the Western Cherokee. This should clearly show the
defendants
and associates were wrong in their take over attempt but they continue to
refuse to abide by the Court Order. By a court ordered election which the
defendants controlled they are now legally in control of the Western Cherokee
future. Many people believe this ordered election was due to a filing by
Timothy
Spencer which was a threat of upward of 100 men, women and children would die
defending the property if the judge held his ruling.
